Court of Appeals for the Tenth Circuit August 20, 1959, 5987_1 (O. Q. Kizziar and Mildred Kizziar, His Wife v. B. L. Dollar, an Individual Doing Business as B. L. Dollar Construction Company)

PICKETT, Circuit Judge.

On November 12,1956 the plaintiff and the defendant, O. Q. Kizziar, entered into a written contract whereby the plaintiff agreed to construct a building on property owned by the defendant and his wife for an agreed price of $20,000. This action was brought to recover the full amount due on that contract and the additional sum of $2,863.